Publications

International Arbitration has become a global practice where different legal systems are considered during the proceedings with lawyers, arbitrators, experts and parties from different school of thoughts and with different understanding of applicable ethical rules. Two legal systems, common law and civil law, are usually the most prevalent systems used…

Love them or hate them, dispositive motions in arbitration can be a useful tool when used appropriately. One arbitrator's perspective and their considerations for the future.

Abstract This paper is a comparative study between the Romanian legislation and the UNCITRAL Model Law. Its main goal is to identify the similarities and differences between the law applicable in Romania and the soft law instrument mentioned above, with respect to the role of domestic courts in the arbitral…

Traditionally, one of the central pillars of the FET standard has been the protection of legitimate expectations. Legitimate expectations can be either based on a host state’s specific representations provided to the investor, or, under certain conditions, such expectation can be based on the regulatory framework that existed at the…

The purpose of the paper is to address some of the main investment arbitrations cases dealing with investments in the Spanish renewable energy sector and analyze differences and similarities in connection with potential investment arbitration claims that, hypothetically, could be initiated if the Argentine regulatory framework is amended in a…

The trend of the virtual space has succeeded to make its way through the dispute resolution community which was rather opaque to using technology and move procedures or parts of them online. The sudden viral outbreak has been the triggering event that has generated popularity in the use of technology…

The article discusses the judgment of the Appellate Court in Warsaw concerning the scope of Polish public policy in setting aside proceedings. The main question addressed by the Court was whether the EU competition law has to be taken into account when establishing whether an arbitral award is in breach…

The Appellate Court in Warsaw recently (Case No. I ACa 457/18) considered whether the EU state aid regulations form part of the Polish public policy, when considering an application to set aside an arbitral award. The Court decided that EU competition law has to be taken into account when considering…

It is a generally accepted rule that while state courts have concurrent jurisdiction to hear and decide motions for interim relief prior to the constitution of an arbitral tribunal, they will only maintain such concurrent jurisdiction in appropriate or exceptional cases following such constitution.

The ICC Rules are unique in…

On 23 September 2020, the England and Wales High Court (“High Court”) rendered its judgment in Riverrock Securities Limited v International Bank of St Petersburg (Joint Stock Company) granting Riverrock Securities Limited (“RSL”) an interim anti-suit injunction in respect of bankruptcy proceedings in Russia brought against RSL by the receiver of…

En general hay un crecimiento significativo en la región en términos de las instituciones arbitrales, arbitraje y tecnología, igualdad de género y representatividad en la industria. Sin embargo, la región se enfrenta a algunos desafíos importantes en forma de protestas en Hong Kong (que, si bien es cierto que con…

Although innovation and technological advancements are occurring at a constantly rapid pace, services to resolve disputes online remain extremely limited or almost non-existent. The absence of such services providing access to justice can potentially end up in a denial of justice. The use of technology in the legal process and…